[quote=. Judges, rule arbitrarily that they have the right to award VA disability compensation to third parties. The right to play doctor.=[/QUOTE]
Observance to law and our disabled veterans.
Oregon and the United States Supreme Court observance to law and our disabled veterans.
Oregon’s statutes clearly offer many references, in compliance, observance, and their adherence to both state and federal law and protecting veterans benefits.
18.600 Definitions. As used in ORS 18.600 to 18.850:
(6) “Federal benefit payment” means:
(b) A benefit payment from the United States Department of Veterans Affairs that is protected under 38 U.S.C. 5301(a);
34 § 411.837¹ Compliance with state and federal laws required
10 § 409.040¹ Federal law supersedes state law.
26 § 279A.030¹ Federal law prevails in case of conflict
ORS 18.345 Exempt personal property generally. (1) All property, including franchises, or rights or interest therein, of the judgment debtor, shall be liable to an execution, except as provided in this section and in other statutes granting exemptions from execution. The following property, or rights or interest therein of the judgment debtor, except as provided in ORS 18.305, shall be exempt from execution:
(m) Veterans’ benefits and loans.
(ORS 18.305 [Property not exempt from execution for purchase price])
ORS 18.845 Notice of exemptions form; instructions for challenge to garnishment.
State and federal law specify that certain property may not be taken.
(21) Veterans’ benefits and loans.
(22) Medical assistance benefits.
YOU MAY USE THE CHALLENGE TO GARNISHMENT FORM ONLY FOR THE FOLLOWING PURPOSES:
(1) To claim such exemptions from garnishment as are permitted by law.
Compliance to federal law starts here. 38 USC 5301 Nonassignability and exempt status of benefits, is the Oregon state and federal protection of the disabled veteran’s VA disability compensation. “(a)(1) shall not be assignable… shall be exempt from taxation, .. creditors, ..attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.”
Yet, Oregon courts, rather than comply with State or federal law (38 USC 5301) in protecting veterans benefits, offer in response, Landis v Landis, Oregon 6/1/2005, “.. benefits are divisible … because there is no conflict.” The United States Supreme Court concurs. Disabled veterans need not apply!
After costly legal expense, it wasn’t disabled Air Force veteran Oregon resident Peter James Barclay, or the thousands of other disabled veterans that received any benefit of these state and federal laws, involved in protecting VA disability compensation from State court ordered spousal support, and then, adding insult, denied his Constitution rights by Oregon’s State Supreme Court. And further, the unforgivable refusal of the United States Supreme Court to consider his May 2, 2012 petition, requesting, “The Court Should Grant Review to Determine Whether State Courts Are Erring as a Matter of Law By Preempting Federal Law with State Law Federal Law, by Considering VA Disability Pay Divisible Under State Community or Equitable Distribution Laws.” (Oct 1 2012) Petition DENIED.
As a Korean era veteran, I am neither disabled, or in any divorce action. Because of the Supreme Court of the United States and Oregon’s indefensible and unconscionable treatment of disabled veterans, reflects the unforgivable uncaring of most States, and it’s legislators towards their disabled veterans. Something that is happening now, in your state! Happening... because of Oregon’s rulings. The practice by State courts nationwide reliance on forum shopping and the false notion of ‘stare decisis’ “to stand by things decided.” (However, not happening in the only state that has not forgotten about the sacrifice disabled veterans gave to their country, IOWA).
William Heino Sr.